There are four factors used to determine if a copyrighted work can be considered "fair use":
Purpose and character of the use |
Nonprofit educational purposes more likely fair use |
Nature of the copyrighted work | Factual works more likely fair use than creative works |
Amount and significance used relative to the entire work |
Smaller portions more likely fair use than larger |
Impact on potential market for the work | Little or no market impact more likely fair use than uses which interfere with potential markets |